South Carolina DSS Doesn’t Always Get it Right!

The South Carolina Department of Social Services (“DSS”) isn’t always right. There are at least 97 separate South Carolina code sections directly related to child protection and permanency. This does not include code sections and regulations governing ancillary matters, such as health related issues.

Consequently, DSS does not always get it right. Rest assured your case is not necessarily hopeless.

This is a case in which the parents and DSS agreed to let the children live with a paternal aunt pursuant to a safety plan rather than be taken into foster care. Subsequently, when the father failed to comply with a treatment plan, DSS filed an intervention action to secure a court order to enforce compliance. The South Carolina Court of Appeals held that this was properly a removal and not an intervention action.

The point is simply this: If the child stays in the caregiver’s home, it is an intervention action. If the child leaves the home, even if by agreement, it is a removal action.

Graves H. Wilson, Jr. worked as a staff attorney for the South Carolina Department of Social Services in Dorchester County, South Carolina from 2005 to 2011. He now represents clients involved in DSS cases--parents, grandparents, or other interested parties. He practices state-wide and accepts cases in all South Carolina counties.

Leave a reply

Search Our Site

Get Help – Call (843)406-7737

If you've been accused of child abuse or neglect, or are involved in a case as a caregiver or custodian of a child, we're here to help. Click on the "Contact Us" page and fill out the contact form. I'll get back to you to discuss your case. You can also call us at (843) 406-7737 or visit www.babblawfirm.com.